White v. Woods
ORDER Finding Good Cause to Warrant Time Extension re 13 Notice of Appeal filed by Brian White, 19 Appeal Order/Opinion/Judgment. Signed by District Judge George Caram Steeh. (MBea)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
CASE NO. 2:16-cv-12910
HON. GEORGE CARAM STEEH
ORDER FINDING GOOD CAUSE TO WARRANT TIME EXTENSION
On May 2, 2017, this court denied petitioner Brian White’s habeas
petition and entered judgment that same date. Any notice of appeal was
due to be filed on or before June 1, 2017. White filed his untimely notice of
appeal on June 12, 2017. However, Federal Rule of Appellate Procedure
4(a)(5) allows a district court to extend the appeal period if two
requirements are satisfied: (1) the party seeking the extension moves for
the extension “no later than 30 days” after the expiration of the appeal
period, and (2) “that party shows excusable neglect or good cause.” Fed.
R. App. P. 4(a)(5)(A)(i)-(ii). Because the notice of appeal was filed within
the thirty-day period for a Rule 4(a)(5) motion, the Sixth Circuit remanded
the matter to this court for the limited purpose of determining whether White
had demonstrated excusable neglect or good cause for his untimeliness.
“Excusable neglect has been held to be a strict standard which is met
only in extraordinary cases.” Nicholson v. City of Warren, 467 F.3d 525,
526–27 (6th Cir. 2006) (citing Marsh v. Richardson, 873 F.2d 129, 130 (6th
Cir.1989)). “Good cause will be found where forces beyond the control of
the appellant prevented [him] from filing a timely notice of appeal.” Id. at
526. In this case, White argues that timely filing was impossible and
beyond his control because he was assisted in his legal work by the
Prison’s Legal Writer Program which assigned a Legal Writer to prepare his
pleading and that his Legal Writer did not put him on call to pick up his
pleading until June 12, 2017, and that he mailed the notice of appeal that
same date. Given these circumstances, the court finds that White has
demonstrated good cause for his dilatoriness sufficient to warrant an
extension of time for filing a notice of appeal.
IT IS SO ORDERED.
Dated: August 17, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 17, 2017, by electronic and/or ordinary mail and also
on Brian White #450311, Chippewa Correctional Facility,
4269 W. M-80, Kincheloe, MI 49784.
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